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EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that BURLINGTON NORTHERN RAILROAD PROPERTIES
INC. (formerly named Burlington Northern Inc. ) a Delaware corporation, of 3300
Continental Plaza, 777 Main Street, Fort Worth, Texas 76102, Grantor, for Ten and No/100
Dollars ($10.00) to it paid by CITY OF RENTON, Grantee, and the promises of the Grantee
hereinafter specified, does hereby remise, release and quitclaim unto the Grantee,
subject to the terms and conditions hereinafter set forth, an EASEMENT for water
pipeline, hereinafter called Pipeline, and for no other purpose, over, upon and across
the following described premises, situated in King County, St«te of Washington, to-wit:
That portion of:
Lot 2, and Burlington Northern Railroad Company's right-of-way, of Block
5, BN Industrial Park of Renton II, according to the plat thereof recorded in
Vol ume I I I of pl ats, Page 44, records of Ki ng County, Wa�a���Q.� �,����, C,
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Descri bed as fol l ows: rq�H�L **��°*g•��'
SS
WATERLINE EASEMENT N0. 3
A 15.00 foot wide easement for a waterline having 7.50 feet on each side
of the following described line:
Commencing at the Southeast corner of Lot 1 of said plat; thence S 02°
08' 51" W along the West line of West Lind Avenue right-of-way a distance of
17.50 feet to the centerline of the existing waterline; thence S 02° 08' S1"
W, a distance of 2.50 feet to the Point of Beginning; thence N 87° 51' 09" W,
a distance of 17.00 feet; thence N 02° 08' 51" E a distance of 20.00 feet to
the South line of said Lot l, the end of this centerline description.
RESERVING, however, unto the Grantor, its successors and assigns, the right to
�'` construct, maintain, •use, operate, relocate, reconstruct and renew such tracks and
� facilities as it may at any time, and from time to time, desire within the limits of
� the land hereinbefore described, including the right and privilege to use said lar�d
Q for any and all purposes, not inconsistent with the use thereof for Pipeline purposes.
c� The foregoing easement is made subject to and upon the following express
� conditions:
1. To existing interests in the above-described premises to whomsoever belonging
and of whatsoever nature and any and all extensions and renewals thereof, including but
not limited to underground pipe line or lines, or any type of wir�e line or lines, if
any.
2. Any and all cuts and fills, excavations or embankments necessary in the
construction, maintenance, or future alteration of said Pipeline shall be made and
maintained in such manner, form and extent as will provide adequate drainage of and from
the adjoining lands and premises of the Grantor; and wherever any such fill or
embankment shall or may obstruct the natural and pre-existing drainage from such lands
and premises of the Grantor, the Grantee shall construct and maintain such culverts or
drains as may be requisite to preserve such natural and pre-existing drainage, and shall
also wherever necessary, construct extensions of existing drains, culverts or ditches
through or along the premises of the Grantor, such extensions to be of adequate
sectional dimensions to preserve the present flowage of drainage or other waters, and of
materials and workmanship equally as good as those now existing.
3. The Grantee shall bear the cost of removal , relocation or reconstruction of
any and all right-of-way fences, telephone or telegraph poles, or other facilities, the
removal , relocation or reconstruction of which may be made necessary by reason of the
use of said premises for said Pipeline purposes.
4. The Grantee shall , at its own cost and expense, make adjustment with
industries or other lessees of Grantor for buildings or improvements that may have to be
relocated, reconstructed or destroyed by reason of the construction and maintenance of
said Pipeline on said premises.
� 5. For any encumbrance or interest affecting the described premises as set forth
� in Sections 2, 3, and 4 hereinabove, the Grantee agrees to assume all li«bility and
� responsibility for the removal or satisfaction of the Grantor's obligations or
! interests, whether in whole or in part, as may be involved.
' � � ��� FOR �o� at �t oF
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� 6. Grantee, in its acceptance hereof, hereby agrees to indemnify and save
harmless said Grantor, from and against all lawful claims, demands, judgments, losses,
costs and expenses, for injury to or death of the person or loss or damage to the
property of any person or persons whomever, including the parties hereto, in any manner
arising from or growing out of the acts or omissions, negligent or otherwise of Grantee,
its successors, assigns, licensees and invitees or any person whomsoever, in connection
with the entry upon, occupation or use of the said premises herein described, including
but not limited to that of the location, construction, operation, restoration, repair,
renewal , or maintenance of said Pipeline upon the herein described premises or
otherwise.
7. For so long as this easement shall survive, all contracts between the Grantee
and its contractor, for either the construction herein provided for or maintenance work
on the highway within any easement area described herein or shown on the exhibit
attached hereto, shall require the contractor to protect and hold harmless the Grantor
and any other railroad company occupying or using the Grantor's right-of-way or line of
railroad against all loss, liability and damage arising from activities of the
contractor, its forces or any of its subcontractors or agents; and shall further provide
�hat the contractor shall :
A. Furnish to the Grantor a railroad protective liability policy in the form
provided by FHPM 6-6-2-2, or as such form may be hereafter amended or supplanted, and any
other pertinent instructions issued by the Federal Highway Administration, Department of
Transportation. The combined single limit of said policy shall not be less than Two
Million Dollars ($2,000,000.00) for all damages arising out of bodily injuries to or death
of any person or persons and for all damages arising out of loss or destruction of or
injury or damage to property in any one occurrence, and, subject to that limit a total (or
aggregate) limit of not less than Six Million Dollars ($6,000,000.00) , for all damages
arising out of bodily injuriEs to or death of any person or persons and for all damages
arising out of or loss or destruction of or injury or damage to property during the policy
period. Said insurance policy executed by a corporation qualified to write the same in the
State in which the work is to be performed, shall be in the form and substance satisfactory
to the Grantor and shall be delivered to and approved by the Grantor's Regional Chief
Engineer prior to the entry upon or use of its property by the contractor. This being a
,f�j potentially perpetual easement, Grantor reserves the right to require higher limits of
�p insurance in the future as may be commercially reasonable at the time.
�
Q B. Carry regular Contractor's Public Liability and Property Damage Insurance as
� specified in FHPM 6-6-2-2, or as such form may be hereafter supplanted or amended, and any
� other pertinent instructions issued by the Federal Highway Administration, Department of
� Transportation, providing for a limit of not less than Five Hundred Thousand Dollars
($500,000.00) for all damages arising out of the bodily injuries to or death of one person,
and, subject to that limit for each person, a total limit of not less than One Million
Dollars ($1 ,000,000.00) for all damages arising out of bodily injuries to or death of two
or more persons in any one accident; and providing for a limit of not less than Five
Hundred Thousand Dollars ($500,000.00) for all damages to or destruction of property in any I
one accident and subject to that limit a total (or aggregate) limit of not less than One I
Million Dollars ($1 ,000,000.00) for all damages to or destruction of property during the
policy period. A certified copy of the policy providing said Contractor's Public Liability
and Property Damage Insurance executed by a corporation qualified to write the same in the
State in which the work is to be performed, in form and substance satisfactory to the
Grantor, shall be delivered to and approved by the Grantor's Regional Chief Engineer
prior to the entry upon or use of the Grantor's property by the contractor. This being
a potentially perpetual easement, Grantor reserves the right to require higher limits of
insurance in the future as may be commercially reasonable at the time.
If the Grantee, its contractor, subcontractors or agents, in the performance of
the work herein provided or by the failure to do or perform anything for which it is
responsible under the provisions hereof, shall damage or destroy any property of the
Grantor, such damage or destruction shall be corrected by the Grantee in the event its
contractor or the insurance carriers fail to repair or restore the same.
8. The encasement for the pipeline will be jacked under the Railroad Company's
tracks as shown in detail on Exhibit "A". The contractor has the option of jacking the
encasement or installing the encasement and carrier pipe by open cut methods at that
certain Railroad Company spur crossing.
9. The Grantee shaii notify the Regional Chief Er�gineer of the Grantor at least
five days prior to entering the Grantor's right-of-way.
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�t�� �OR R�CORD AT ���1��ST OF
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. � 10. � The Grantee shall , or shall require its contractor to, notify the Grantor's
Regional Chief Engineer a sufficient time in advance whenever the Grantee or its
contractor is about to perform work on or adjacent to Grantor's right-of-way and tracks
to enable Grantor to furnish flagging and such other protective service as might be
necessary and Grantee shall reimburse Grantor for the cost thereof.
11. If said described premises, or any part thereof, shall at any time cease to be
used by said Grantee, or by the public, for the purpose, as aforesaid, or should they be
converted to any other use whatsoever, or should the Grantee fail to perform any of the
conditioris herein expressed, then and in any such event, all the right, title, interest,
benefits and enjoyment of said Grantee, or of the public, in and to said premises , for any
purpose whatsoever, shall immediately cease and determine, and the said Grantor, its
successors and assigns, may, at its or their option, re-enter, retake and hold said
described lands and premises as of the present estate of said Grantor without compensation
to said Grantee, the public, or any other person whomsoever, for improvements or property
removed, taken or destroyed, or liability for loss of, or damage to any premises or the
improvements thereon abutting on said easement area or any part thereof.
The Grantor does not warrant its title to said premises nor undertake to defend
the Grantee in the peaceable possession, use or enjoyment thereof; and the grant herein
made is subject to all outstanding rights or interest of others, including the tenants and
licensees of the Grantor.
TO HAVE AND TO HGLD THE SAh1E, together with all the hereditaments and
appurtenances thereunto belonging, to Grantee for public use and enjoyment for the
purposes aforesaid and for no other purpose whatsoever subject to the terms and
conditions hereinbefore stated.
IN WITNESS WHEREOF, the Grantor has caused its corporate seal to be hereunto
affixed, and these presents to be executed by duly authorized officers this ���-
day of , 19 ��
BURLINGTON NORTHERN RAILROAD PROPERTIES INC.
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BY
, Assistant Secretary
ACCEPTED: '
CITY OF RENTON
B Y I JO� ah•S�.C�O G�n.
Title: May,�r�—
ATTEST:
BY ���i�>
Title: City Clerk � -�S
STATE OF TEXAS )
) ss.
COUNTY OF TARRANT )
On this Z 5� day of Jz� , 1985, before me, the undersigned,
a Notary Public in and for the State of exas duly commissioned and sworn, personally
appeared . ��.�.Q�� and �. ,64-...�-> , to me known to be
the and Assistant Se�etary, respectively, of Burlington
Northern Rai roa � roperties Inc. , the corporation that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and an oath
stated that they are a��horized to execute the said instrument and that the seal affixed 'I
is the corporated seal�- of said �u.rlington Northern Railroad Company. �,
, - _, I
Witness my hand ,�and official seal hereto affixed the day and year first above I
written. � '�
�/rce��r E'�-t-�e�fx5��v�.�_,rl
Notary Public in and for the State of Texas
BN 7519 FRANCES SMITH
ESMTS 5 -3- Notaey Public State of Texas
Cpe�NlMpipn Expiras,lune 13,1988
� �J
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� CONSTRUCTION OF PIPE LINES ON RAILWAY RIGHT OF WAY ' •
G�NFRAL REQUIREMENTS: Pipe lines u�der railway tracks or across or along railway right of way shall conform to current Ainerican Railway
Engineering Association Specifications if constructed in the United States and shall conform to current regulations regarding pipe line crossings under
railroad as issued and amended by the Board of Transport Commissioners foi Canada if constructed in Canada or where laws or orders of public authority
prescribe a higher degree of protection than specified herein,then the higher degree of protection so specified shall be adhered to.
Plans and specifications for proposed installation shall be submitted to railway division superintendent and meet the approval of the railway company
betore construction is begun. Plans shall be drawn to scale showing the relation of the proposed pipe line, angle of crossing,location of valves,railway
survey station, right of way line and general layout of tracks and railway facilities. Plan should also show a cross-sectfon(or sectlons) trom fie�d survey,
showing pipe in relation to actual profile of ground and tracks, complete description of material to be used, and location of jackinp and receivinp pits.
If open cutting or tunneling is necessary,details of sheeting and method of supporting tracks or driving tunnet should be shown,
The execution of the work on the railway right of way, including tho supporting of tracks,shall be subJect to the inspeetion anq dlrection of the•Regional
Mana9er Engineerin9 of the Railway Company,
Pipe lines shall be installed under tracks by boring or jacking if practicable, Borin�excavation must not exceed the outslde diameter of the pipe.Jacking
or boring of corrugated metal pipe,cast Iron plpe or pipe with flangas,bells or couplings wlll not be pe►mitted.
Pipe lines shall be located, where practicable,to cross tracks at approximately right angles thereto but preferably at not less than 45 degrees and shall not
be placed within a culvert,under railway brid9es or closer than 45 feet to any portion of any railway bridge,building or other important structure,except
in special cases and then by special design as approved by the Assistant Vice President Engineerin9 of the Railway Company.
Pipe lines laid Iongitudinaily on railway right of way shall be located as far as pratticable from any tracks or other important structures. Pipe lines
c�rrying flammable products or products under pressure located within 25 feet of the centerline of any track or where there is danger of damage frorn
leakage to any bridge, buildin9 or other important structure,shall be e�cased or of special design as approved by the Assistant Vice President-EngineFriny
ot the Railway Company,
Pipe lines laid longitudinally on the railway right of way, 50 feet or less from the centerline of track shal�be buried not leu than 4'6"from the ground
surface to top of pipe.
Where pipe line is laid more than 50 feet from the centerline of track,minimum cover shall be 3 feet.
If additional tracks are constructed in the future, or Railway Company determines that roadbed should be widened, the casing shall be extended
correspondingly.
PIPE LINES CARRYING FLAMMABLE SUBSTANCES
This includes oil, gas;gasoline,petroleum products or other flammable or highly volatile
substance under pressure.
APPROVED CASING PIPE: CASfNG PIPE FOR E 72 LOADING
Steel or Cast Iron for all pressures.
ALL MINIMUM DIMENSIONS MEASURED NORMAL TO � OF OUTSIDE TRACK wA�L THICKNESS FOR STEEL CASING PIPE
} (MINIMUM YIELD STRENGTH 35,000 P,S.I.)
25'Min. (Casing Pipe Sealed� � P�PE COATED OR PIPE NO7 DIAMETER UF
Q 25'Minimum (Casing Pipe sealed) CATHODICALLY COATED OR P�PE
45'Min. (Casing Pipe Open)I�� 45'Minimum (Casing Pipe open) PROTECTED CATHODICAL�Y INCHES
Yz F- Z Y' I MIN.THICKNESS MIN.THICKNESS
45� ��j Q U� Vents to be at or outside R/W line INCHES INCHES
I Minimum w p Y �a rr 45'Minimum 0.186 0.188 UNDER 14
$tandard A.R.E.A.pipe �2�9 0.282 t4 AND 16
line si n LL Z Q �F� Standard A.R.E.A.pipe line sign o.250 o.3t2 �e
9 ��� � 0.281 0.344 20
!,� z ��y�j Toe of slope ��� Ditch line ti�� 3' 4' o.3t2 0.375 22
�4,� i MIN. /' MIN. o.3aa o.aos 2a
I I 0.375 O.C36 � 26
� I 0.406 0.469 28 AND 30
0.438 0.500 32
4 3'MIN. 4�6��MIN. 5�6��MIN. T- 0.469 0.531 34 AND 36
3�M I N. 0.500 0.563 35,40 ANO 42
Q ��-- ------------- - -- --- -- - - — — I
� SEAL CASING PIPE (See table for minimum wall thicknesslT SEAL
� CARRIER PIPE TO MEET CURRENT A.R.E.A.SPECIFICATIONS
� Inside diameter of casing pipe shall exceed outside diameter of carrier pipe by 2"for carrier CAST IRON PIPE:
pipe less than 8"diameter,3'/<"for$"to 16"carrier pipe and 4Y�"for carrier pipe greater than Installation must be by open trench. Pipe
16"diameter. shall conform to American Standards Ass'n.
Specification A21 class 150 for 12" and under
PIPE LINES CARRYING NON-FLAMMABLE SUBSTANCES a�d c�ass 25o for over �2". Pipe to na�e
This includes steam, water or any non-flammable substance which from its nature or mechanical joints or compression couplings.
pressure might cause damage if escaping on or in the vicinity of railway property. Sewers REINFORCED CONCRETE PIPE:
and drains do not require casing pipe unless conditions exist which will endanger security of P�Pe shall conform to current A.S.T.M.C-76
track,but should be of sufficient strength to withstand E-72 railway loading. table 1 V,wall "B".
APPROVED CASING PIPE: CORRUGATED METAL PIPE:
Steel or Cast Iron for all pressures. Pipe shall be galvanized, asbestos bonded
Reinforced Concrete or Corrugated Metal for pressures less than 100 P.S.I. and asphalt coated.
ALL MINIMUM DIMENSIONS MEASURED NORMAL TO �OF OUTSIDE TRACK GageofMetal Diameterof
} v before galvanizing pipe
� I
I p} Q 1.5 D � 12'� U.S.Std.gage (Inches)
��� H�— 25'MIN. 14 78 and under
(v� Z I 72 24,30,and 36
w = Q t�-3'M I N.� �� 42 and 48
a .LLZU � � w
O O�� �� Z _
'� t�O F- -�
N
LL �
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w � � Where the ends of the casing are below ground
2� O q'6" 5'6" D they shall be suitably protected against the en-
VIIN. MIN. MIN. —� trance of foreign material, but shall not be tightly
3'MIN. sealed.
� CASING PIPE (See table for mi�imum wall thickness)
Where the ends of the casir.�are et or abo•re ground sur�ace and above hiyh water ievel they may be left open,provided drainage is afforded
in such manner that leakage will be conducted away from railway tracks or structures. -
CARRIER PIPE TO MEET CURRENT A.R.E.A.SPECIFICATIONS
Inside diameter of casing pipe shall exceed outside diameter of carrier pipe, joints or coupfings by 2" for�carrier pipe less than 6" in
diameter'and 4"for carrier pipe 6"in diameter and larger. � �
_-- -- ---_ _ _ _ _ __ � _ _
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